Colo. R. App. P. 39.1

As amended through Rule Change 2024(18), effective October 2, 2024

Rule 39.1 - Attorney Fees on Appeal

If attorney fees are recoverable for the appeal, the principal brief of the party claiming attorney fees must include a specific request, and explain the legal and factual basis, for an award of attorney fees. Mere citation to this rule or to a statute, without more, does not satisfy the legal basis requirement. Any opposition to a request for attorney fees, and the legal and factual basis for the opposition, must be set forth in either the answer or reply brief, as appropriate. In its discretion, the appellate court may determine entitlement to and the amount of an award of attorney fees for the appeal, or may remand those determinations to the lower court or tribunal.

C.A.R. 39.1

Source: Entire rule added and adopted December 4, 2003, effective 1/1/2004; entire rule corrected February 2, 2004, nun pro tunc December 4, 2003, effective 1/1/2004; amended and adopted by the Court, En Banc, 6/9/2016, effective immediately; amended and adopted by the Court, En Banc, February 24, 2022, effective 7/1/2022.

Annotation Merely identifying the statute under which fees are requested, without stating the specific grounds that justify an award of fees, does not adequately comply with this rule. In re Newell, 192 P.3d 529 (Colo. App. 2008). Neither party is entitled to recover its appellate attorney fees from the estate where decedent's siblings and nieces are contesting who is entitled to the estate proceeds, and their respective attorneys are not employed by the personal representative. In re Estate of Evarts, 166 P.3d 161 (Colo. App. 2007). No award of attorney fees to condominium association on appeal under this rule and § 38-33.3-123. Section 38-33-123(1)(c) provides for recovery of attorney fees only in actions to "enforce or defend the provision of this article or of the declaration, bylaws, articles, or rules and regulations". Condominium association defended against purchasers' breach of contract action and sought declaratory action that contract was void. Neither purchasers' claims nor associations' counterclaims were to enforce or defend the article; thus, the statute does not apply. Platt v. Aspenwood Condo. Ass'n, 214 P.3d 1060 (Colo. App. 2009). Contract provision concerning attorney fees should be considered on remand where it was not part of the record on appeal. Adams v. Land Servs., Inc., 194 P.3d 429 (Colo. App. 2008). Appellate attorney fees are only awardable where requesting party states a legal basis for recovery. In re Wells, 252 P.3d 1212 (Colo. App. 2011).